Common use of SECURITY INTEREST, INDEBTEDNESS, & LIQUIDATION Clause in Contracts

SECURITY INTEREST, INDEBTEDNESS, & LIQUIDATION. Except for ERISA (Employee Retirement Income Security Act of 1974, as amended) and IRA Accounts, the Securities and/or Other Property that we or our Affiliates currently hold, hold in the future, carry, or maintain for you shall be subject to a lien, a continuing and perfected security interest, and a right of set-off for the discharge of any and all indebtedness, or any other obligation you may have to us, and are to be held by us as security for the payment of any liability or indebtedness of yours to us in any of your Accounts held by us or any of our Affiliates. We will maintain a right to charge your Account for commissions, account fees, and other fees that are normal and customary as part of this Agreement. In connection with enforcing our lien, perfected security interest, or right of set-off, we may, at any time, and without giving you prior notice, use, transfer, or liquidate any or all of your Securities and/or Other Property in any of your Accounts held by us or any of our Affiliates in order to satisfy a debt, or any other obligation you may have to us in your Accounts held by us or any of our Affiliates. Such use, liquidation, or transfer may occur without regard to whether we have made any advances in connection with such Securities and/or Other Property, and without regard to the number of Accounts you may have with us. Included within our right of enforcement, we shall have the sole discretion to determine which Securities and/or Other Property are to be sold, or which contracts are to be closed without regard to any tax or other consequences you may face as a result of such actions. In the event of a breach or default by you under this Agreement, we maintain all of the rights and remedies available to a secured creditor under all applicable laws, in addition to the rights and remedies provided in this Agreement. You agree to indemnify and hold us and our Affiliates harmless from and against any losses or expenses incurred in connection with such enforcement or any other remedies available to us, including reasonable costs of collection. While we reserve the right to use, transfer, or liquidate your Securities and/or Other Property without demand or prior notice, if demand is made upon you, you agree to satisfy any indebtedness, and pay any debit balance in any Account held by us or any of our Affiliates in which you have an interest. A finance charge may be charged on any debit balance in your Account, together with any increases in rates caused by money market conditions, and with such other charges as we may impose to cover our extra services. You further agree that if you (i) default on any of your obligations under this Agreement; (ii) become bankrupt, insolvent, or subject to a similar condition, or subject to any bankruptcy, reorganization, insolvency, or other similar proceeding; or (iii) we, at our sole discretion, deem it advisable for our protection, then we may, at any time and without prior notice to you, (a) cancel, terminate, accelerate, liquidate, and/or close out any or all agreements or transactions between us and you, or otherwise relating to the Account, and calculate damages in a manner we deem appropriate; (b) pledge, transfer, or sell any assets in the Account, or any other account in which you havean interest (whether such account is held with us or our Affiliates), either individually or jointly with others; or (c) take any other action as we, in our sole discretion, deem appropriate with respect to any of the foregoing, and apply the proceeds to the discharge of such obligation. In pursuing the remedies available to us, we may, without limiting our rights under this section, offset amounts you owe us against any amounts that we owe you. You will remain liable for any deficiency. You will pay the reasonable costs and expenses of collection of any debit balance, and any unpaid deficiency in any of your Accounts, including, but not limited to, attorney fees incurred by us. You authorize us and we have the right, at our sole discretion, to require additional collateral at any time. If a petition in bankruptcy or appointment of a receiver is filed by or against you, or if an attachment is levied against any Account in which you have an interest, or in the event of your death, we have the right, at our sole discretion, to sell any or all assets in your Account, whether carried individually or jointly with others, to buy any and/or all assets which may be short, to cancel any open orders, and to close any or all outstanding contracts, all without notice of sale or purchase or other notice or advertisement. Any such sales or purchases may be made at our discretion on any exchange or other market, or at public auction or private sale, and we may be the purchaser(s) for our own account. It is understood that a prior demand, call, or prior notice of the time and place of such sale or purchase shall not be considered a waiver of our right to sell or buy without demand or notice as provided in this Agreement. After deducting all costs and expenses of the purchase, buy-in and/or sale and deliveries, including, but not limited to commissions and transfer and stamp taxes, we shall apply the residue of the proceeds to the payment of any and all of your liabilities to us. You will remain liable for any deficiency. No course of dealing between you and us, nor any delay on our part in exercising any of our rights or remedies shall constitute a waiver thereof, and any such right or remedy may be exercised as often as we may determine.

Appears in 2 contracts

Samples: s3.amazonaws.com, s3.amazonaws.com

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SECURITY INTEREST, INDEBTEDNESS, & LIQUIDATION. Except for ERISA (Employee Retirement Income Security Act of 1974, as amended) and IRA Accounts, the Securities and/or Other Property that we or our Affiliates currently hold, hold in the future, carry, or maintain for you shall be subject to a lien, a continuing and perfected security interest, and a right of set-off for the discharge of any and all indebtedness, or any other obligation you may have to us, and are to be held by us as security for the payment of any liability or indebtedness of yours to us in any of your Accounts held by us or any of our Affiliates. We will maintain a right to charge your Account for commissions, account fees, and other fees that are normal and customary as part of this Agreement. Form - July 2023 ACCOUNT AGREEMENT | Page 6 of 20 In connection with enforcing our lien, perfected security interest, or right of set-off, we may, at any time, and without giving you prior notice, use, transfer, or liquidate any or all of your Securities and/or Other Property in any of your Accounts held by us or any of our Affiliates in order to satisfy a debt, or any other obligation you may have to us in your Accounts held by us or any of our Affiliates. Such use, liquidation, or transfer may occur without regard to whether we have made any advances in connection with such Securities and/or Other Property, and without regard to the number of Accounts you may have with us. Included within our right of enforcement, we shall have the sole discretion to determine which Securities and/or Other Property are to be sold, or which contracts are to be closed without regard to any tax or other consequences you may face as a result of such actions. In the event of a breach or default by you under this Agreement, we maintain all of the rights and remedies available to a secured creditor under all applicable laws, in addition to the rights and remedies provided in this Agreement. You agree to indemnify and hold us and our Affiliates harmless from and against any losses or expenses incurred in connection with such enforcement or any other remedies available to us, including reasonable costs of collection. While we reserve the right to use, transfer, or liquidate your Securities and/or Other Property without demand or prior notice, if demand is made upon you, you agree to satisfy any indebtedness, and pay any debit balance in any Account held by us or any of our Affiliates in which you have an interest. A finance charge may be charged on any debit balance in your Account, together with any increases in rates caused by money market conditions, and with such other charges as we may impose to cover our extra services. You further agree that if you (i) default on any of your obligations under this Agreement; (ii) become bankrupt, insolvent, or subject to a similar condition, or subject to any bankruptcy, reorganization, insolvency, or other similar proceeding; or (iii) we, at our sole discretion, deem it advisable for our protection, then we may, at any time and without prior notice to you, (a) cancel, terminate, accelerate, liquidate, and/or close out any or all agreements or transactions between us and you, or otherwise relating to the Account, and calculate damages in a manner we deem appropriate; (b) pledge, transfer, or sell any assets in the Account, or any other account in which you havean interest (whether such account is held with us or our Affiliates), either individually or jointly with others; or (c) take any other action as we, in our sole discretion, deem appropriate with respect to any of the foregoing, and apply the proceeds to the discharge of such obligation. In pursuing the remedies available to us, we may, without limiting our rights under this section, offset amounts you owe us against any amounts that we owe you. You will remain liable for any deficiency. You will pay the reasonable costs and expenses of collection of any debit balance, and any unpaid deficiency in any of your Accounts, including, but not limited to, attorney fees incurred by us. You authorize us and we have the right, at our sole discretion, to require additional collateral at any time. If a petition in bankruptcy or appointment of a receiver is filed by or against you, or if an attachment is levied against any Account in which you have an interest, or in the event of your death, we have the right, at our sole discretion, to sell any or all assets in your Account, whether carried individually or jointly with others, to buy any and/or all assets which may be short, to cancel any open orders, and to close any or all outstanding contracts, all without notice of sale or purchase or other notice or advertisement. Any such sales or purchases may be made at our discretion on any exchange or other market, or at public auction or private sale, and we may be the purchaser(s) for our own account. It is understood that a prior demand, call, or prior notice of the time and place of such sale or purchase shall not be considered a waiver of our right to sell or buy without demand or notice as provided in this Agreement. After deducting all costs and expenses of the purchase, buy-in and/or sale and deliveries, including, but not limited to commissions and transfer and stamp taxes, we shall apply the residue of the proceeds to the payment of any and all of your liabilities to us. You will remain liable for any deficiency. No course of dealing between you and us, nor any delay on our part in exercising any of our rights or remedies shall constitute a waiver thereof, and any such right or remedy may be exercised as often as we may determine.

Appears in 1 contract

Samples: s3.amazonaws.com

SECURITY INTEREST, INDEBTEDNESS, & LIQUIDATION. Except for ERISA (Employee Retirement Income Security Act of 1974, as amended) and IRA Accounts, the Securities and/or Other Property that we or our Affiliates currently hold, hold in the future, carry, or maintain for you shall be subject to a lien, a continuing and perfected security interest, and a right of set-off for the discharge of any and all indebtedness, or any other obligation you may have to us, and are to be held by us as security for the payment of any liability or indebtedness of yours to us in any of your Accounts held by us or any of our Affiliates. We will maintain a right to charge your Account for commissions, account fees, and other fees that are normal and customary as part of this Agreement. In connection with enforcing our lien, perfected security interest, or right of set-off, we may, at any time, and without giving you prior notice, use, transfer, or liquidate any or all of your Securities and/or Other Property in any of your Accounts held by us or any of our Affiliates in order to satisfy a debt, or any other obligation you may have to us in your Accounts held by us or any of our Affiliates. Such use, liquidation, or transfer may occur without regard to whether we have made any advances in connection with such Securities and/or Other Property, and without regard to the number of Accounts you may have with us. Included within our right of enforcement, we shall have the sole discretion to determine which Securities and/or Other Property are to be sold, or which contracts are to be closed without regard to any tax or other consequences you may face as a result of such actions. In the event of a breach or default by you under this Agreement, we maintain all of the rights and remedies available to a secured creditor under all applicable laws, in addition to the rights and remedies provided in this Agreement. You agree to indemnify and hold us and our Affiliates harmless from and against any losses or expenses incurred in connection with such enforcement or any other remedies available to us, including reasonable costs of collection. While we reserve the right to use, transfer, or liquidate your Securities and/or Other Property without demand or prior notice, if demand is made upon you, you agree to satisfy any indebtedness, and pay any debit balance in any Account held by us or any of our Affiliates in which you have an interest. A finance charge may be charged on any debit balance in your Account, together with any increases in rates caused by money market conditions, and with such other charges as we may impose to cover our extra services. You further agree that if you (i) default on any of your obligations under this Agreement; (ii) become bankrupt, insolvent, or subject to a similar condition, or subject to any bankruptcy, reorganization, insolvency, or other similar proceeding; or (iii) we, at our sole discretion, deem it advisable for our protection, then we may, at any time and without prior notice to you, (a) cancel, terminate, accelerate, liquidate, and/or close out any or all agreements or transactions between us and you, or otherwise relating to the Account, and calculate damages in a manner we deem appropriate; (b) pledge, transfer, or sell any assets in the Account, or any other account in which you havean interest (whether such account is held with us or our Affiliates), either individually or jointly with others; or (c) take any other action as we, in our sole discretion, deem appropriate with respect to any of the foregoing, and apply the proceeds to the discharge of such obligation. In pursuing the remedies available to us, we may, without limiting our rights under this section, offset amounts you owe us against any amounts that we owe you. You will remain liable for any deficiency. You will pay the reasonable costs and expenses of collection of any debit balance, and any unpaid deficiency in any of your Accounts, including, but not limited to, attorney fees incurred by us. You authorize us and we have the right, at our sole discretion, to require additional collateral at any time. If a petition in bankruptcy or appointment of a receiver is filed by or against you, or if an attachment is levied against any Account in which you have an interest, or in the event of your death, we have the right, at our sole discretion, to sell any or all assets in your Account, whether carried individually or jointly with others, to buy any and/or all assets which may be short, to cancel any open orders, and to close any or all outstanding contracts, all without notice of sale or purchase or other notice or advertisement. Any such sales or purchases may be made at our discretion on any exchange or other market, or at public auction or private sale, and we may be the purchaser(s) for our own account. It is understood that a prior demand, call, or prior notice of the time and place of such sale or purchase shall not be considered a waiver of our right to sell or buy without demand or notice as provided in this Agreement. After deducting all costs and expenses of the purchase, buy-in and/or sale and deliveries, including, but not limited to commissions and transfer and stamp taxes, we shall apply the residue of the proceeds to the payment of any and all of your liabilities to us. You will remain liable for any deficiency. No course of dealing between you and us, nor any delay on our part in exercising any of our rights or remedies shall constitute a waiver thereof, and any such right or remedy may be exercised as often as we aswe may determine.

Appears in 1 contract

Samples: s3.amazonaws.com

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SECURITY INTEREST, INDEBTEDNESS, & LIQUIDATION. Except for ERISA (Employee Retirement Income Security Act of 1974, as amended) and IRA Accounts, the The Securities and/or Other Property that we or our Affiliates We currently hold, hold in the future, carry, or maintain for you You shall be subject to a lien, a continuing and perfected security interest, and a right of set-off for the discharge of any and all indebtedness, or any other obligation you You may have to usUs, and are to be held by us Us as security for the payment of any liability or indebtedness of yours Yours to us Us in any of your Your Accounts held by us or any of our AffiliatesUs. We will maintain a right to charge your Your Account for commissions, account fees, and other fees that are normal and customary as part of this Agreement. In connection with enforcing our lien, perfected security interest, or right of set-off, we We may, at any time, and without giving you prior noticewith notice to You via email, use, transfer, or liquidate any or all of your Your Securities and/or Other Property in any of your Your Accounts held by us or any of our Affiliates Us in order to satisfy a debt, or any other obligation you You may have to us Us in your Your Accounts held by us or any of our AffiliatesUs. Such use, liquidation, or transfer may occur without regard to whether we We have made any advances in connection with such Securities and/or Other Property, and without regard to the number of Accounts you You may have with usUs. Included within our Our right of enforcement, we We shall have the sole discretion to determine which Securities and/or Other Property are to be sold, or which contracts are to be closed without regard to any tax or other consequences you You may face as a result of such actions. In the event of a breach or default by you You under this Agreement, we We maintain all of the rights and remedies available to a secured creditor under all applicable laws, in addition to the rights and remedies provided in this Agreement. You agree to indemnify and hold us and our Affiliates Us harmless from and against any losses or expenses incurred in connection with such enforcement or any other remedies available to usUs, including reasonable costs of collection. While we reserve the right to use, transfer, or liquidate your Securities and/or Other Property without demand or prior notice, if demand is made upon you, you agree to satisfy any indebtedness, and pay any debit balance in any Account held by us or any of our Affiliates in which you have an interest. A finance charge may be charged on any debit balance in your Account, together with any increases in rates caused by money market conditions, and with such other charges as we may impose to cover our extra services. You further agree that if you You (i) default on any of your Your obligations under this Agreement; (ii) become bankrupt, insolvent, or subject to a similar condition, or subject to any bankruptcy, reorganization, insolvency, or other similar proceeding; or (iii) weWe, at our Our sole discretion, deem it advisable for our Our protection, then we We may, at any time and without prior with notice to you, You (a) cancel, terminate, accelerate, liquidate, and/or close out any or all agreements or transactions between us Us and youYou, or otherwise relating to the Account, and calculate damages in a manner we We deem appropriate; (b) pledge, transfer, or sell any assets in the Account, or any other account in which you havean interest (whether such account is held with us or our Affiliates)You have an interest, either individually or jointly with others; or (c) take any other action as weWe, in our Our sole discretion, deem appropriate with respect to any of the foregoing, and apply the proceeds to the discharge of such obligation. In pursuing the remedies available to usUs, we We may, without limiting our Our rights under this section, offset amounts you You owe us Us against any amounts that we We owe youYou. You will remain liable for any deficiency. You will pay the reasonable costs and expenses of collection of any debit balance, and any unpaid deficiency in any of your Your Accounts, including, but not limited to, attorney fees incurred by us. Us You authorize us Us and we We have the right, at our Our sole discretion, to require additional collateral at any time. If a petition in bankruptcy or appointment of a receiver is filed by or against youYou, or if an attachment is levied against any Account in which you You have an interest, or in the event of your Your death, we We have the right, at our Our sole discretion, to sell any or all assets in your Your Account, whether carried individually or jointly with others, to buy any and/or all assets which may be short, to cancel any open orders, and to close any or all outstanding contracts, all without notice of sale or purchase or other notice or advertisement. Any such sales or purchases may be made at our Our discretion on any exchange or other market, or at public auction or private sale, and we We may be the purchaser(s) for our Our own account. It is understood that a prior demand, call, or prior notice of the time and place of such sale or purchase shall not be considered a waiver of our Our right to sell or buy without demand or notice as provided in this Agreement. After deducting all costs and expenses of the purchase, buy-in and/or sale and deliveries, including, but not limited to commissions and transfer and stamp taxes, we We shall apply the residue of the proceeds to the payment of any and all of your Your liabilities to usUs. You will remain liable for any deficiency. While We reserve the right to use, transfer, or liquidate Your Securities and/or Other Property without demand or prior notice, if demand is made upon You, You agree to satisfy any indebtedness, and pay any debit balance in any Account held by Us in which You have an interest. A finance charge may be charged on any debit balance in Your Account, together with any increases in rates caused by money market conditions, and with such other charges as We may impose to cover Our extra services. No course of dealing between you You and usUs, nor any delay on our Our part in exercising any of our Our rights or remedies shall constitute a waiver thereof, and any such right or remedy may be exercised as often as we We may determine.

Appears in 1 contract

Samples: Investore Account Agreement

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